The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-26
A CONTEST FOR AN ESTATE.
The Defense in the Lyons Suit Secure the
Ruling Out of Testimony.

The large crowd of spectators in Judge Howes
courtroom, yesterday. were deprived of hearing
all the details of the complainant, Ellen Lyons,
was ready to tell regarding her alleged marriage
to John A Lyons. The counsel for the admins
traitor of the estate which is at issue succeeded
in shutting out the most interesting testimony.
Several objections were made to certain portions
OF evidence in the dispositions, and those Judge
Howe also sustained. He decided that the
record OF the St. Louis marriage was not COM
petent, for the reason that it had been attested
by the recorder of St Louis, instead of ST. louis
county. Another effort was made to 1ave Mrs.
Lyons testify. but it was unsuccessful, as the
only statement the conrt would allow
her to make was .nat the girl. Ellen
Mary Lyons, was her daughter. The daughter.
though, could not give her testimony.
but Mrs Bridget Quinn. the mother of the COM
plainaAc, testified as to her daughters acqualnt-
aucE With Lyons and in regard to the summons
.or the complainant to 90 to ST. Louis. She said
her daughter went and was married to Lyons.
This part of the evidence. however, was ruled
out She also attempted to tell that her daugh-
ter had always gone by the name of Ellen Lyons
and witnesses granddaughter by the name of
Anna May Lyons, but the court declared it in
competent Joseph Baldis. of this city. said that
in 1884 he invited John A. Lyons to dina at his
house. While at dinner the wife of witness made
the remark to their guest that he ought to get
married, whereupon he said: why, have a
wife and a daughter almost grown" Mrs.
Baldis was also put upon the stand, and corrob-
Grated the testimony of her husband. The depo-
sition of Frederick Bender, a Catholic
priest, residing in Bender, Col, was
read, corroborating the st. Louis marriage.
He accompanied the complainant to ST. Louis.
and saw the ceremony performed by Father Gal
lagher. The license he made out by the
chancellor of the diocese. The deposition OF
Mrs. Mary P. Esridge, Of Excelsior Springs,
COL, was submitted, and in that she said she
kept hotel in Shelbna Mo-, in 1866 The lat
ter part of March John Lyons and wife came
there and engaged board. Lyons found employ
ment In q tin shop. While they were there a
daughter was born. The attending physician
Fulton county, Missouri. When the child was
two weeks DID, Lyons left, as he explained for
st. Louis to secure work few DAYS after
ward Mrs. Lyons received letter from him
stating that he would not come back. Soon after
Mrs. Lyons with her child left the hotel for her
home in Cincinnati
John H. Seeley, of 185 West Court street,
Cincinnati, said he worked with Lyons in 1868
and 81. Three or four years ago he was in this
city. and met him on the street He asked him
If he was living with his wife. and LYONS. shak-
ing his head said: mo, but may after awhile
He then inquired of him why he did not live
with her. to which Lyons replied that his
mother objected to the marriage. Mrs. Kate
McCasley, of Cincinnati. knew Mrs. Lyons well
when she was a girl, and went with her to the
train the day she started for St Louis to marry
Lyons. There were several other witnesses who
testified to knowing both Mr.. and Mrs Lyons be-
fore they were married At the time the mar
riage occurred they heard of it. The Cincinnati
witnesses desiring to go home, the case was con
tinued last evening until Monday morning.